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2025-02_PC_Resolution_1 Pinto Rd_Kramer_F 1 RESOLUTION NO. 2025-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF ZONING CASE NO. 24-078 FOR A VARIANCE FOR A DETACHED GARAGE WITHIN THE FRONT YARD AREA, CONDITIONAL USE PERMIT REQUEST TO EXCEED 200 SQUARE FEET FOR ACCESSORY STRUCTURES, AND SITE PLAN REVIEW FOR AN EXPANSION TO THE EXISTING DETACHED GARAGE AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT LOCATED 1 PINTO ROAD (36-FT) (KRAMER) THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1. On September 12, 2025, an application was duly filed by Joey Kramer by their agent with respect to real property located at 1 Pinto Road, Rolling Hills (Lot 36-FT) requesting a Site Plan Review for a 570 square-foot expansion of the existing detached garage, yielding a 970 square feet structure; Conditional Use Permit to exceed the 200 square feet allowable area for an accessory structure; and a Variance request for a detached accessory structure within the front yard area. Section 2. The property is zoned RAS-2 and is located in the Flying Triangle. The lot is 1.79 acres gross and 77,980 square feet net, as calculated for development purposes. The frontage of the property is located along the longer street side of Pinto Road and abuts two streets. The property is located nearest the intersection of Portuguese Bend Road and Pinto Road and includes a 40-foot-wide roadway easement along Portuguese Bend Road and 25- foot-wide roadway easement along Pinto Road. Section 3. Pursuant to Los Angeles County Building Code, properties in the Flying Triangle in the City of Rolling Hills are considered to contain "Geotechnical Hazards", and therefore, very limited development is permitted. Section 110.2 of the Los Angeles County Building Code, which the City adopts by reference, prohibits, subject to certain exceptions, the issuance of building permits for properties located in geotechnical hazardous areas. One such exception, contained in Section 110.2.3.5, permits issuance of a building permit when the work involves one-story, light frame accessory structure not intended or used for human occupancy and not exceeding 400 square feet in area or 12 feet in height. Section 4. On December 16, 2003, the Planning Commission adopted Resolution No. 2003-25 approving a Site Plan Review and a Conditional Use Permit to construct a detached garage, and a Variance to permit encroachment with the garage into the front yard setback at an existing single-family residence. Section 5. The Planning Commission conducted duly noticed public hearings to consider the application at its field trip meeting and regular meeting on February 6, 2025. Neighbors within a 1,000-foot radius were notified of the public hearings and a notice was published in the Daily Breeze on February 6, 2025. The applicants and their agent were notified of the public hearings in writing by first class mail and the agent was in attendance at the 2 hearings. Evidence was heard and presented from all persons interested in affecting said proposal. Section 6. The Planning Commission finds that the project qualifies as a Class 3 (New Construction or Conversion of Small Structures), which exempts the construction and location of a limited number of new, small facilities or structures, including accessory structures, including but not limited to garages, carports, patios, swimming pools and fences. Here, the proposed Project is for an expansion to an existing detached garage and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 7. Site Plan Review Findings. Site Plan Review is required for construction of any new structure pursuant to RHMC Section 17.46.020. With respect to the Site Plan Review for the proposed development, the Planning Commission hereby makes the following findings: A. The project complies with and is consistent with the goals and policies of the General Plan and all requirements of the zoning ordinance. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structures comply with the General Plan requirement of low profile, low-density residential development with sufficient open space between surrounding structures. The project conforms to Zoning Code setback requirements with the Variance approved by this Resolution. The lot is 1.79 acres net and 77,980.50 square feet net, as calculated for development purposes. The size of the existing and proposed structures will be 7,129 square feet, which constitutes 9.14% of the net lot area, and the flatwork and driveways will be 10,529 square feet which equals 13.5% of the net lot, and the total structural and flatwork is 17,658.5 square feet or 22.64% which is within the 35% maximum overall lot coverage permitted. The proposed project is screened from the road so as to reduce the visual impact of the development. B. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. The topography and the configuration of the lot, has been considered, and it was determined that the proposed development will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures because the proposed construction will be constructed on an existing building pad, will be the least intrusive to surrounding properties, will be screened and landscaped with mature trees and shrubs, is of sufficient distance from nearby residences so that it will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. C. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences. 3 The proposed development, as conditioned, is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when compared to properties in the vicinity. The proposed garage will follow the pattern and style of the original residence. D. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls). The development plan incorporates existing trees and native vegetation to the maximum extent feasible. Specifically, the development plan will supplement the existing vegetation with landscaping that is compatible with and enhances the rural character of the community. E. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structure will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped. The proposed detached garage will not be visible from Pinto Road. F. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course. The property will still maintain the existing terrain and existing drainage will remain as there will be no proposed grading. Drainage will continue to flow in the existing drainage course. G. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought-tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas. Landscaping will meet the requirements of the water efficient landscape ordinance and incorporate low impact development practices. Surrounding native vegetation and mature trees will not be affected and new landscaping will be considerate of the environment and will enhance the rural character of the community. H. The project is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed project will not change the existing circulation pattern and will utilize an existing driveway. I. The project conforms to the requirements of the California Environmental Quality Act (CEQA). The project is exempt from the requirements of the California Environmental Quality Act. 4 Section 8. Conditional Use Permits Findings. Section 17.16.030(Q) permits detached garages and similar accessory structures not to exceed two hundred square feet, subject to the requirements of Section 17.16.200(L). The applicant is requesting to expand the existing detached garage by 570 square feet. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. That the proposed conditional use is consistent with the General Plan. The granting of a Conditional Use Permit for the construction of a detached garage would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and because the use is consistent with similar uses in the community. The area proposed for the detached garage is in an area on the property where impervious surface already exists and will not change the existing configuration of structures on the lot. B. The nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the construction of a detached garage will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed garage will not impact the view or privacy of surrounding neighbors. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the detached garage will comply with the low profile residential development pattern of the community. D. That the proposed conditional use complies with all applicable development standards of the zone district. The proposed conditional use complies with all applicable development standards of the zone district because the 400 square foot size of the detached garage is permitted under the Municipal Code, with the Variance as approved in this Resolution. E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities. The proposed conditional use is' consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F. That the proposed conditional use observes the spirit and intent of this title. 5 The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because it will not be visible from the road or neighboring properties. An area for a future stable and corral has been set aside on the site. Section 9. Variance Findings. Section 17.16.210(A)(4)(a) of the Rolling Hills Municipal Code permits approval of a detached garage under certain conditions, provided a Variance to deviate from this condition is approved by the Planning Commission. The applicant is requesting to expand the existing detached garage. Such garage will be located on an existing building pad and located in the front yard area. With respect to this request for a Variance, the Planning Commission finds as follows: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone. The existing garage already encroaches into the front yard, the area for the addition is only an expansion of the existing garage to provide more covered parking spaces. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone. The property is located in the Flying Triangle area of the City, which has been designated as "Geotechnical Hazardous Area", and very limited development is permitted in this area. Section 110.2.3.5, of the Building Code permits issuance of a building permit in geotechnical hazardous area when the work involves one-story, light frame accessory structure not intended or used for human occupancy and not exceeding 400 square feet in area or 12 feet in height. The topography of the lot together with the fact that the existing residence is located very close to the setbacks on the lot creates a difficulty in constructing the garage elsewhere on the property. B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. The Variance is necessary because the existing terrain and development on the lot creates a difficulty in placing the garage elsewhere on the property. The proposed detached garage will eliminate any need to grade, as the existing access to the proposed garage will be utilized. The existing detached garage already encroaches in the front yard. The garage expansion will provide additional parking spaces, and the expansion will also encroach in the front yard. C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The proposed garage will be constructed on an existing building pad, will be the least intrusive to surrounding properties, will be screened and landscaped with mature trees and shrubs, is of sufficient distance from nearby residences so that it will not impact the view or 6 privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. That in granting the variance, the spirit and intent of this title will be observed. The granting of the variances will allow for development that is harmonious in scale and mass with the site, the natural terrain, and surrounding residences and will not give the property an over-built look. The garage expansion will improve the appearance of the property by expanding the existing detached garage into a larger accessory structure to accommodate more parking spaces. E. That the variance does not grant special privilege to the applicant. The variance does not grant special privileges for the Applicant, as the proposed detached garage expansion will provide more covered parking opportunities, and will results in a common amenity enjoyed by many other properties throughout the City. Strict application of the Zoning Code would deny the Applicant the same rights as other nearby homes as the Applicant would have less covered parking than the neighboring properties. The project, together with the variance, will be compatible with the objectives, policies, general land uses, and programs specified in the General Plan. F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities. Granting variances for the project will be consistent with the applicable portions of the Los Angeles County Hazardous Waste Management Plan related to siting criteria for hazardous waste facilities. The project site is not listed on the current State of California Hazardous Waste and Substances Sites List. G. That the variance request is consistent with the General Plan of the City of Rolling Hills. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structures comply with the General Plan requirement of low profile, low-density residential development with sufficient open space between surrounding structures. Section 10. Based upon the foregoing findings, and the evidence in the record, the Planning Commission hereby approves Zoning Case No. 24-078 subject to the following conditions: A. The Site Plan, Conditional Use Permit, and Variance approvals shall expire within two years from the effective date of approval as defined in RHMC Sections 17.46.080, 17.42.070, and 17.38.070 of the Zoning Ordinance unless otherwise extended pursuant to the requirements of these sections. 7 B. If any condition of this resolution is violated, the entitlement granted by this resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construction work being performed on the subject property shall immediately cease, other than work determined by the City Manager or his/her designee required to cure the violation. The suspension and stop work order will be lifted once the Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee’s determination that a violation exists or disputes how the violation must be cured, the Applicant may request a hearing before the City Council. The hearing shall be scheduled at the next regular meeting of the City Council for which the agenda has not yet been posted; the Applicant shall be provided written notice of the hearing. The stop work order shall remain in effect during the pendency of the hearing. The City Council shall make a determination as to whether a violation of this Resolution has occurred. If the Council determines that a violation has not occurred or has been cured by the time of the hearing, the Council will lift the suspension and the stop work order. If the Council determines that a violation has occurred and has not yet been cured, the Council shall provide the Applicant with a deadline to cure the violation; no construction work shall be performed on the property until and unless the violation is cured by the deadline, other than work designated by the Council to accomplish the cure. If the violation is not cured by the deadline, the Council may either extend the deadline at the Applicant’s request or schedule a hearing for the revocation of the entitlements granted by this Resolution pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC). C. All requirements of the Building and Construction Ordinance, the Zoning ordinance, and of the zone in which the subject property is located must be complied with unless otherwise a variance to such requirement has been approved. D. The lot shall be developed and maintained in substantial conformance with the site plan on file at City Hall and approved by the Planning Commission on February 18, 2025 except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Site Plan Review, Conditional Use Permit, and Variance approvals shall be incorporated into the building permit working drawings, and where applicable complied with prior to issuance of a grading or building permit from the building department. The conditions of approval of this Resolution shall be printed onto a separate sheet and included in the building plans submitted to the Building Department for review and shall be kept on site at all times. Any proposed modifications and/or changes to the approved project, including resulting from field conditions, shall be discussed with staff so that staff can determine whether the modification is minor or major in nature. Minor modifications are subject to approval by the City Manager or his or her designee. Major modifications are subject to approval by the Planning Commissioner after a public hearing. Applicant shall not implement modifications or changes to the approved project without the appropriate approval from the City Manager or designee or the Planning Commission, as required. E. Prior to submittal of final working drawings to Building and Safety Department for issuance of building and grading permits, the plans for the project shall be submitted to City staff 8 for verification that the final plans are in compliance with the plans approved by the Planning Commission. F. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth herein and the City’s Building Code and Zoning Ordinance. Further, the person obtaining a building and/or grading permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. G. The person obtaining a building and/ or grading permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. H. The project must be reviewed and approved by RHCA. I. The total structural coverage on the building pad shall not exceed 7,129 square feet or 30%, respectively. J. Total lot coverage of structures and paved areas shall not exceed17,658.5 square feet, or 22.64% in conformance with the zoning ordinance. K. The disturbance of the net lot shall not exceed 25,330 square feet of surface area or 32.48% of the net lot area. L. Prior to any further grading activity, the applicants shall inform the City and RHCA staff of the date and time of this activity. Workers shall implement Best Management Practices to assure that streets and adjacent properties are not impacted. M. Prior to issuance of a grading permit a detailed landscaping plan shall be submitted to City staff for review. The landscaping plan shall utilize to the maximum extent feasible, plants that are native to the area, are water-wise and are consistent with the rural character of the community. A final inspection shall not be granted unless the slopes are vegetated. N. The graded areas shall be landscaped and continually maintained in good condition. Any trees and shrubs used in the landscaping scheme for this project shall be planted in a way that will not result in a hedge like screening and will not impair views from neighboring properties. O. If applicable, the applicant shall be required to conform to the City of Rolling Hills Water Efficient Landscape Ordinance, Chapter 13.18 of the Municipal Code. P. The applicants shall submit a detailed drainage plan to the City’s drainage engineer. This project shall meet the requirements of the City’s Low Impact Development portion of the Storm Water Management and Pollution Control ordinance, if applicable. The applicant shall comply with grading requirements relative to submittal of grading and construction reports 9 as required by the Building Official. In order to prevent sediments and water run-off from reaching the canyon from the disturbed slopes and an erosion control plan shall be submitted to the Building Department and implemented, even if grading permits have not been issued by that time. Q. The applicants shall secure all permits from the Department of Building and Safety prior to commencing any work. Consult with the California Department of Fish and Wildlife for additional requirements. R. Minimum of 65% of the construction material spoils shall be recycled and diverted from landfills. The hauler shall obtain a Construction and Demolition permit from the City and provide proof of recycling. S. There shall be no discarding of any debris, trash, soil and construction spoils or any other material into the canyon or deposited anywhere on the property, including easements. No grading, planting, structures, drainage devices or hardscape, including driveways, or storage of any objects including building materials shall take place in the easements, unless approved by the RHCA. T. The City or the Building Department may require a construction fence for the duration of the grading for this project. Such fence shall not be located in any easement or cross over trails or natural drainage course and shall be removed immediately upon completion of the grading work. U. In addition, any construction facility, such as a construction trailer/office or portable toilets, to a maximum extent practicable, shall be located in a manner not visible from the street, and be in a location satisfactory to City staff. V. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. W. Construction vehicles or equipment, employees’ vehicles, delivery trucks shall not impede any traffic lanes to maximum extend practical; if traffic must be blocked in order to aid in the construction, no more than a single lane may be blocked for a short period of time and flagmen utilized on both sides of the impeded area to direct traffic. X. During construction, all parking shall take place on the project site, and, if necessary, any overflow parking may take place within the unimproved roadway easement along Portuguese Bend Road, and shall not obstruct neighboring driveways or pedestrian and equestrian passage. During construction, to the maximum extent feasible, employees of the contractor shall car-pool into the City. A minimum of 4’ wide path, from the edge of the roadway pavement, for pedestrian and equestrian passage shall be available and clear at all times. Y. No drainage device may be located in such a manner as to contribute to erosion or in any way affect a slope, an easement, trail or adjacent properties. The energy dissipaters 10 shall be designed in such a manner as to not cross over any equestrian trails or easements. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and shall be screened from any trail and neighbors’ views to the maximum extent practicable, without impairing the function of the drainage system. Z. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department requirements for the installation of best management practices (BMPs) related to solid waste and storm water management, including erosion control measures, and post construction maintenance of stormwater drainage facilities. AA. During construction, conformance with the air quality management district requirements shall be complied with, so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors. BB. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no-smoking provisions in the Municipal Code. CC. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. DD. The property on which the project is located shall maintain an area of minimum of 1,000 square feet to provide an area meeting all standards for a corral with access thereto, if applicable. EE. Until the applicants execute and record an Affidavit of Acceptance of all conditions of this Variance approval, as required by the Municipal Code, the approval shall not be effective. FF. Prior to final inspection of the project, “as graded” and “as constructed” plans and certifications shall be provided to the Planning Department and the Building Department to ascertain that the completed project is in compliance with the Planning Commission approved plans. In addition, any modifications made to the project during construction, shall be depicted on the “as built/as graded” plan. GG. Any proposed modifications and/or changes to the approved project, including resulting from field conditions, shall be discussed with staff so that staff can determine whether the modification is minor or major in mature. Minor modifications are subject to approval by the City Manager or his or her designee. Major modifications are subject to approval by the Planning Commission after a public hearing. The applicant shall not implement modifications or changes to the approved project without the appropriate approval from the City Manager or designee or the Planning Commission, as required. Minor adjustments to the project regarding grading or soil retention may be approved by staff. HH. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Rolling Hills, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party 11 against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this permit. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. II. All conditions of the Site Plan Review, Conditional Use Permit, and Variance approvals, that apply, shall be complied with prior to the issuance of grading or building permit. PASSED, APPROVED AND ADOPTED THIS 18st DAY OF FEBRUARY 2025. BRAD CHELF, CHAIRPERSON ATTEST: ____________________________________ CHRISTIAN HORVATH, CITY CLERK Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Civil Procedure Section 1094.6. 12 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2025-02 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF ZONING CASE NO. 24-078 FOR A VARIANCE FOR A DETACHED GARAGE WITHIN THE FRONT YARD AREA, CONDITIONAL USE PERMIT REQUEST TO EXCEED 200 SQUARE FEET FOR ACCESSORY STRUCTURES, AND SITE PLAN REVIEW FOR AN EXPANSION TO THE EXISTING DETACHED GARAGE AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT LOCATED 1 PINTO ROAD (36-FT) (KRAMER) was approved and adopted at a regular meeting of the Planning Commission on February 18, 2025, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. __________________________________ CHRISTIAN HORVATH, CITY CLERK